LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 16, 2001 No. 142-II

About non-profit organizations

Chapter 1. General provisions

Article 1. Subject of regulation of this Law

Subject of regulation of this Law are the relations arising in connection with creation, activities, reorganization and liquidation of non-profit organizations.

Features of legal status, creation, activities, reorganization and liquidation of political parties, labor unions are regulated by special laws.

Article 2. Concept of non-profit organization

Non-profit organization the legal entity who does not have commercialization as main objective and not distributing gained net income between participants is recognized.

Article 3. Legislation on non-profit organizations

1. The legislation of the Republic of Kazakhstan on non-profit organizations is based on the Constitution of the Republic of Kazakhstan and consists of the Civil code, this Law and other legal acts.

2. Operation of this Law extends to activities of the non-profit organizations of any form of business created and operating in the territory of the Republic of Kazakhstan of branches and representative offices (separate divisions) of foreign and international non-profit organizations.

3. The features connected with creation, activities, reorganization and liquidation of separate non-profit organizations are regulated by this Law and other legal acts.

Article 4. Purposes of activities of non-profit organizations

Non-profit organizations can be created for achievement of the social, cultural, scientific, educational, charitable, managerial purposes; protection of the rights, legitimate interests of citizens and organizations; dispute resolution and conflicts; satisfactions of spiritual and other needs of citizens; protection of public health, environmental protection, development of physical culture and sport; rendering legal aid, and also in other purposes aimed at providing the public benefits and benefits of the members (participants).

The purposes of activities of non-profit organizations are determined by constituent documents.

Article 5. Rights and obligations of non-profit organizations

1. For implementation of the authorized purposes non-profit organizations have the right:

1) to open accounts in banks in the procedure established by the legislation;

2) to have seal, stamps and forms with full name of the organization in the state and Russian languages, and also emblem (symbolics) registered in accordance with the established procedure;

To have 3) in property or in operational management the isolated property, and also separate balance or the estimate;

4) to acquire and perform the property and personal non-property rights;

To create 5) other legal entities if other is not provided by legal acts;

6) to open branches and representations;

7) to enter associations and the unions, and also to participate in their activities;

8) to use funds for implementation of the purposes provided in the charter;

9) to be claimant and the defendant in court;

10) to perform other rights which are not contradicting the legislation of the Republic of Kazakhstan.

2. Non-profit organizations shall:

1) to observe the legislation of the Republic of Kazakhstan;

2) to pay taxes and other obligatory payments to the budget in accordance with the established procedure;

3) to answer for the obligations all property belonging to them (except for organizations);

4) to bear responsibility according to legal acts of the Republic of Kazakhstan.

Article 6. Forms of non-profit organizations

Non-profit organizations can be created in the form of organization, public association, joint-stock company, consumer cooperative, fund, religious consolidation, consolidation of legal entities in the form of association (union) and in other form provided by legal acts.

Article 7. Name and location of non-profit organization

1. The name of non-profit organization includes its name and specifying on form of business. It can include the additional information, stipulated by the legislation.

In the name of non-profit organization use of the names contradicting requirements of the legislation or regulations of public morals, own names of persons if they do not match name of participants is not allowed or if participants did not get permission of these persons (their heirs) to use of own name.

2. The location of non-profit organization the location of its permanent body is recognized.

3. The name and the location of non-profit organization are specified in its constituent documents.

Chapter 2. Forms of business of non-profit organizations

Article 8. Organization

1. Organization the organization created and financed by his founder for implementation of managerial, welfare or other functions of non-commercial nature is recognized.

The rights of organization to the property assigned to it are determined according to the civil legislation.

2. Depending on pattern of ownership of organization are subdivided on state and private.

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